Scalia (and Other Justices) Had a Thing for Exotic Trips That Other People Paid for

Call me crazy but, as a strict textualist, I don't think the Founders meant for the justices of the Supreme Court to be referred to as America's Guest.

Though that trip has brought new attention to the justice's penchant for travel, it was in addition to the 258 subsidized trips that he took from 2004 to 2014. Justice Scalia went on at least 23 privately funded trips in 2014 alone to places like Hawaii, Ireland and Switzerland, giving speeches, participating in moot court events or teaching classes…Many of the justices are frequent expenses-paid travelers, a practice that some court scholars say is a minor matter, given that many of the trips involve public talks that help demystify the court. But others argue that the trips could potentially create the appearance of a conflict of interest, particularly when the organizations are known for their conservative or liberal views. Some groups at times use the presence of a Supreme Court justice as a way to pull in members or other paying guests.

Advertisement - Continue Reading Below

Naturally, there were—and are—all kinds of ethical problems with this practice, none of which seemed to occur to Antonin Scalia or to the other strict constructionist members of the Court.

In 2011, a liberal advocacy group, Common Cause, questioned whether Justice Scalia and Justice Clarence Thomas should have disqualified themselves from participating in the landmark Citizens United case on campaign finance because they had attended a political retreat in Palm Springs, Calif., sponsored by the conservative financier Charles G. Koch. Mr. Koch funds groups that could benefit from the ruling. The disclosure report filed by Justice Thomas made no mention of the retreat. It said only that he had taken a trip, funded by the Federalist Society, a conservative legal group, to Palm Springs to give a speech. Over roughly a decade, Justice Scalia took 21 trips sponsored by the Federalist Society, to places like Park City, Utah; Napa, Calif.; and Bozeman, Mont. The Federalist Society also paid for trips by Justice Alito during that period, but not for any liberal justices, the disclosure reports show.

It is here where we remind everyone that Justice Elena Kagan has had to recuse herself from several critical cases due to the fact that she was solicitor general for a little over a year prior to her joining the Court. If you're going to have to do that anyway, Madame Justice, next time take the trips to Palm Springs and to Casa de Campo. Liberals never go for the gold.